In Chen v. Hsiao, No. 160786/2023, 2026 WL 509593 (N.Y. Sup. Ct. Feb. 17, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims under the New York Civil Rights Law § 52-b (i.e., NY’s “Revenge Pornography” statute) and New York City Administrative Code § 10-180 (NYC’s parallel “Revenge Pornography” statute).
After reciting the statutes’ text, the court explained why plaintiff stated a claim:
The Complaint alleges that during their relationship, Hsiao received intimate images of Plaintiff while unclothed with his genitals and buttocks area exposed. The Complaint further alleges that after their breakup, as an act of retaliation against Plaintiff and without Plaintiff’s consent, Hsiao circulated those images on various platforms including WeChat and Line and disseminated the images to news sites. Accepting the factual allegations as true and giving Plaintiff the benefit of all favorable inferences which may be drawn from the pleadings the Complaint sets forth viable claim under New York Civil Rights Law § 52-b and New York City Administrative Code § 10-180.
The arguments made by Hsiao in support of her motion to dismiss raise factual issues which cannot be resolved on this pre-answer CPLR 3211(a)(7) motion (see, e.g. Adelhardt Construction Corp. v Citicorp North America, Inc., 181 AD3d 442, 443 [1st Dept 2020] [fact intensive arguments cannot be resolved on pre-answer motion to dismiss]). Hsiao’s attorney’s claim that the only photographs that were shared were of Plaintiff in a clothed state, besides being devoid of any evidentiary value, simply raises an issue of fact which must be tested through discovery. Likewise, Hsiao’s attorney’s argument that Hsiao published the photographs to warn other women and protect her reputation as opposed to retaliation or harassment goes to her state of mind and intent, which are fact intensive inquiries unsuitable for a pre-answer motion to dismiss.
The court also denied defendant’s motion to dismiss plaintiff’s defamation causes of action based on the statute of limitations, with leave to renew.